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IMMIGRATION FAQs

The Immigration Law firm of Tesoroni & Le Roy prepares every type of family based application for residency and regularly accompanies petitioners and beneficiaries to interviews before the Immigration & Naturalization Service. The law firm also represents conditional residents seeking permanent residence, applicants for naturalization, as well as a wide range of visas. If your immigration issue is not listed here, contact the firm. Begin your consultation today by calling (973) 482-4249 or filling out the contact form to the left to address your specific needs. As all cases are different, the information is for general purposes only.

What are PERM rules and how do they relate to my employment based visa?

In March 28, 2005, The Department of Labor (DOL) implemented a new permanent labor certification system ( PERM). The labor certification application Form ETA-750 was replaced by the Form ETA-9089 on that date. PERM relies on pre-recruitment procedures instead of requiring recruitment efforts by U.S. employers under direct DOL supervision, and is designed to expedite the processing of the Form ETA-9089 labor certification applications.

Labor certifications can either be electronically filed or filed by mail with DOL in the PERM system. These applications will be processed at DOL’s National Processing Centers. Generally, labor certifications that are electronically filed in the PERM system will be processed in 30 – 45 days, while labor certifications that are submitted through the mail may take substantially longer.

At the time of the implementation of the PERM system, DOL had approximately 300,000 pending labor certification applications that were filed under the old paper-based permanent labor certification process, some of which were filed as long ago as April of 2001. DOL devised the following backlog reduction strategy to address the backlog of Form ETA-750 labor certifications still pending as
of March 28, 2005. New Jersey Immigration Attorneys Tesoroni
& Le Roy can help file your labor certification with the new
PERM system.

What can New Jersey Immigration Attorneys do to expedite visas for family members?

According to USCIS, immigration attorneys can oversee the several steps required to obtain your lawful status including:

The USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.

Then the Department of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number becomes immediately available, it means that you can apply to have one of the immigrant visa numbers assigned. You can check the status of a visa number in the Department of State's Visa Bulletin.

Finally, if you are already in the U.S., you may apply to change your status to that of a lawful permanent resident after a visa number becomes available. This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available for you, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. This is the other way in which you can apply to secure an immigrant visa number.

What kind of other matters can New Jersey Immigration Attorneys Tesoroni & Le Roy handle:

Adjustment of Status: Different visas are granted by USCIS by determining your immigration status.
New Jersey Immigration Attorneys Tesoroni & Le Roy will help you determine this status and file the necessary paperwork to adjust your status in the United States.

Political AsylumTwo types of asylum proceedings are affirmative and defensive. New Jersey Immigration Attorneys Tesoroni & Le Roy will help you develop the most effective argument to successfully represent your asylum case. A defense asylum proceeding requires you to appear before an Immigration Judge with the Executive Office for Immigration Review.

Representation in Deportation & Removal Proceedings
While other individuals (notary publics and immigration consultants) may assist you by filling in the blanks on pre-printed USCIS forms with information provided by you, these individuals may not represent you before USCIS. In addition, notary publics and immigration consultants may only charge nominal fees as regulated by state law.

Waivers of Deportation, Waivers of Grounds of Inadmissibility, Cancellation of Removal.
A refugee who has been found inadmissible to the United States for reasons such as felony conviction or health conditions can apply for a waiver of such inadmissibility on grounds of humanitarian reasons, family unity or national interest. Other types of waivers require specific documentation for application. New Jersey Immigration Attorneys Tesoroni & Le Roy will determine the correct documentation to support your waiver.

BIA Appeals
Commonly referred to as the BIA, the Board of Immigration Appeals issues appellate administrative decisions to enforce immigration laws nationwide. Decisions of the BIA are binding unless Immigration Judges modified or overruled by the Attorney General or a Federal court. The BIA is not a Federal court, but its decisions are subject to judicial review in the Federal courts. The Board has been given nationwide jurisdiction to hear appeals from certain decisions rendered by Immigration Judges and by Department of Homeland Security (DHS) offices in a wide variety of proceedings in which the DHS Bureaus are one party and the other party is either an alien or a citizen. The BIA is part of the Executive Office for Immigration Review-a separate federal agency that is a component of the Department of Justice.

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